New Delhi, March 11 The opposition is likely to submit a notice in both Houses of Parliament to remove Gyanesh Kumar as the chief election commissioner.
This will be the first time that a notice will be submitted to remove a CEC.
The opposition has often accused him of siding with the ruling BJP, disenfranchising genuine voters, and helping the saffron party in "vote chori" (stealing votes).
According to the law, a CEC cannot be removed from his office "except in like manner and on the like grounds as a Judge of the Supreme Court".
The other election commissioners cannot be removed from office except on the recommendation of the CEC.
Here is an explanation of the procedure to be adopted to remove a chief election commissioner:
According to clause 11 (2) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, "The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court".
Supreme Court and high court judges can be removed by Parliament, and the procedure is governed by the Judges (Inquiry) Act, 1968.
Once the notice is accepted in either of the Houses, a motion could be brought in that House of Parliament.
In the Rajya Sabha, at least 50 members have to sign the motion. In the Lok Sabha, 100 members have to support it.
According to the Judges (Inquiry) Act of 1968, once a motion to remove a judge is admitted in any of the Houses, the speaker or the chairman, as the case may be, will constitute a three-member committee to investigate the grounds on which the removal (or, in popular terms, impeachment) has been sought.
The committee consists of the Chief Justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts and a "distinguished jurist".
The committee proceedings are like any court proceeding where witnesses and the accused are cross-examined.
The CEC, too, will get a chance to speak before the committee.
As per the rule, once the committee submits its report, it will be tabled in the House, and discussions will start to impeach. The motion to remove a judge, and in this case the CEC, will have to be passed by both Houses.
When the House discusses the motion, Kumar will have the right to defend himself standing at the entrance of the House chamber.
Officials aware of the procedure to appoint and remove Supreme Court and high court judges pointed out that while defending his case before lawmakers in any of the Houses, the CEC can announce that he is quitting, and his verbal statement will be considered as his resignation.
Should he decide to resign, he will be entitled to a pension and other benefits of a retired HC judge.
But if he is removed by Parliament, he will be deprived of pension and other benefits, they noted.